City of Omaha Human Rights and RelationsOmaha, Nebraska

Public Accommodation Discrimination

Section 13-84 of the Omaha Municipal Code makes it illegal to either deny a person access or to treat them unequally in a place of public accommodation because of their:

Race

Creed

National Origin

Age

Religion

Disability

Color

Sexual Orientation *

Sex

Marital Status

Gender Identity *

Public accommodations are facilities whose goods, services or premises are sold or made available to the public.

Examples include:

Restaurants, snack bars, and soda fountains

Hotels, motels, and inns

Retail stores and shopping centers

Bars and nightclubs

Museums, theaters, concert halls, and stadiums

Parks and campsites

Bus stations, taxi stands, and airport terminals

Barbershops and beauty parlors

Swimming pools, gyms, and health clubs

Hospitals, clinics, and convalescent homes

Professional offices of healthcare providers

Mortuaries and undertaking establishments

The law prohibits persons from aiding or inciting others to engage in discriminatory practices. It also protects persons from retaliation when they oppose a discriminatory practice or attempt to comply.

The law does not apply to the provisions of separate facilities for females and males to protect their personal rights of privacy (such as restrooms, locker rooms or dressing rooms in a store).

* Exceptions exist for places of public accommodation owned by or operated on behalf of a religious organization.

What Are Some Examples Of Public Accommodation Discrimination?

Instances of public accommodation discrimination include, but are not limited to, such things as:

A nightclub or theater won’t let you in because it’s “full,” but you see people of other races allowed in after you were turned away.

You are not served at a restaurant because you are a person with a mental or physical disability.

A store or restaurant gives discounts to people of the opposite sex, but you still have to pay full price.

You are refused service at a hospital because you are (or are regarded as) HIV-positive.

How Do I File A Public Accommodation Complaint?

Anyone who believes they are a victim of discrimination in public accommodations can file a complaint, at no cost, with the City of Omaha Human Rights and Relations Department (OHRRD). A person does not need an attorney to file a complaint or be represented through the OHRRD’s investigation or hearing procedures. However, individuals do have the right to be represented, at their own expense, if they so choose.

Complaints must be filed within 180 days after the alleged act of discrimination occurred.

A person wishing to file a charge should:

Be prepared to present specific facts about the alleged act(s) of discrimination

Provide documents, if any, that substantiate charges made in the complaint